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mcp117 · Nov 10, 2009, 08:39 AM

Hi, I actually have more than one question on this so bare w/me as this is my first time using this site as well. I am looking into changing my 12 yr old son's last name. His biological father is on the birth cert and needless to say my son has his last name. He has not been an active part of my son's life and has not seen or has had contact w/him for the last 5 yrs. I live in CA and do currently have an open case for child support but receive a check every 3-4 months for only $0.27-$0.47. I've heard from different people I would be able to change my child's last name due to abandonment and would not need his permission, but don't know how true this is? I've also been told if the name change is granted, that would automatically stop the child support as well as obsolve his parental rights. How true is all this? Sorry for being so lengthy! Thank you!

ScottGem · Nov 10, 2009, 09:06 AM

You are listening to half the story. The legal fact is that you can't change the child's name without the biological father's permission.

If he does give permission it would not change his child support obligation.

The only thing that would remove his responsibility to pay support is if you remarry and your new husband adopts the child. You would still need to get the father's permission for the adoption.

mcp117 · Nov 10, 2009, 10:17 AM

Thank you for your response! I really do appreciate it, however, what if he can't be contacted to gain permission? What would I do in this instance? I've informed him in 2007 that my son requested his last name be changed to mine. I don't think it would be much of a fight since he knows 1) my SON is the one that is asking for this to be done due his absence and does not want to carry a last name of a family he knows nothing about 2) that he's a "deadbeat" parent...

ScottGem · Nov 10, 2009, 12:14 PM

You will need to file a petition in court for a name change. You will have to show that you have made a good faith effort to try and find him to get permission. An attorney can help you prepare the petition and tell you what you have to do to show a good faith effort.